Complainant try international Personals, LLC of Miami, Florida, United States of America, represented by Bryn & acquaintances, P.A., usa

Complainant try international Personals, LLC of Miami, Florida, United States of America, represented by Bryn & acquaintances, P.A., usa

B. Responder

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Respondent declines the comments and accusations during the ailment.

Responder maintains that Complainant is unable to maintain allegations of violation relying on Complainantas marker rights, because AFFAIR mark was universal because belonging to the services and goods of both Responder and Complainant. Respondent indicates that it is actually well settled the name of a thing is not to be a trademark for the things knowning that title of a product or provider is the very antithesis of a mark. In such a case, it really is supplied that Complainant is asserting that its mark for FLING and AFFAIR prevent Respondentas utilisation of the statement a?flinga? with the domain . Respondent submits that in cases like this, FLING is definitely a simple expression for a a?deliberately temporary erotic romance between two peoplea? and can’t be used as a trademark for websites marketing purposely temporary erectile interactions between two individuals.

Responder explains that Complainant contends it boasts a special to utilize the term AFFAIR and RELATIONSHIP due to its services and goods, however, even a valid subscription for your scars doesn’t preclude all application a only that consumption secure by way of the goods and services descriptions regarding the mark, and simply within your larger system of hallmark laws. (more…)

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